HomeMy WebLinkAboutOrdinance - 4659-1965 - Panhandle & Santa Fe Railway Co, Easement Across Ash And Elm Aves. - 03/25/1965MYT:bw
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c. ORDINANCE NO. 4659 ------------------0 t-t , o 8 -I Cf(p'5
, AN ORDINANCE GRANTING THE PANHANDLE AND SANTA FE RAILWAY
COMPANY~ A CORPORATION~ ITS ASSIGNEES:~a SUCCESSORS AND LESSEES,
THE PERMISSIVE RIGHT AND POWER AND PRIVILEGE OF LOCATING~ BUILD ...
lNG~ ERECTING~ CONSTRUCTING AND PROPERLY MAINTAINING A SPUR
TRACK AND TO OPERATE ENGINES., CARS~. AND TRAINS THEREON~ UPON,
IN AND ACROSS ASH AVENUE AND ELM AVENUE IN THE CITY OF LUBBOC~
LUBBOCK COUNTY,. TEXAS~ AT DESIGNATED LOCATIONS, PROVIDING FOR
CERTAIN COVENANTS.a LIMITATIONS OR RESTRICTIONS IN THlS GRANT AND
PROVIDING FOR THE EFFECTIVE DATE.
WHEREAS~ Panhandle and Santa Fe Railway Company joined by TG & Y
Stores Company has requested the City of Lubbock to grant an easement across
Ash Avenue and Elm Avenue for the purpose of constructing a spur track; and.,
WHEREAS, The City of Lubbock desiring to promote the growth of
private enterprise; NOW THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Panhandle and Santa Fe Railway Company.,. its
assigneesJO successors and lessees be hereby granted the rightJO power and
privilege of extending a spur track across Ash Avenue and Elm Avenue in the
City of Lubbocka Texas, at a point which is 988.5 feet North of the South line
of Section 1., Block E, Lubbock County., Texas; this being approximately 292 feet
South of the South line of 62nd Street as proposed; which is shown more explicitly
nn the attached proflle marked 11Exhibit A11 which is hereby adopted by reference
as a part of this Ordinance as if same were set out herein completely in detail
and made a part of this Ordinance; subject to the right of the City of Lubbock to
hereafter construct and maintain any underground utilities within said street it
may deem necessary for public necessity and convenience.
SECTION 2. THAT the Panhandle and Santa Fe RaUway Company,. its
successors, assignees,. and lessees by the acceptance of the benefits of the grant
made by this Ordinance agrees that said track and all necessary appliances in.,
cident thereto shall be constructed and maintained so as to conform with 11Exhibit
A'~ which is attached hereto,. in such manner as to interfere as little as possible
with the use and enjoyment., ingress, and egress,. by the public of such strc:M for
drainage and traffic, and in case the City of Lubbock shall~ after said track has
been constructedJO improve said street by paving or make any changes in existing
street grade the Panhandle and Santa Fe Railway Company shall at once, at. its
own expense., make such changes in its track facility or traffic crossing services
as may be necessary to make the same conform in its relation to such street im•
provements or change in existing street grade as may be required by the City of
IrMubbock to prevent the flooding of adjacent and abutting properties; and will provi
and maintain safe and uninterrupted public use of said street and continue to main
tain said track and use same in the operation of its trains in such manner as to in
terfere as little as possible w lth the public use and enjoyment of such street as
w{Jll as ingress and egress, of the abutting premise~ by the owners and other law ...
ful occupants thereof; that said Railway Company will pay the total6ost of
paving impro.vements between the rails and two feet on each side thereof
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should the street be paved and will maintain and operate said track and other
facilities, switches and turnouts incident thereto in accordance with the laws of
t he State of Texas and the lawful ordinances and resolutions of the City of Lubbock
in each case made and provided.
SECTION 3. THAT the Panhandle and Santa Fe Railway Company, its
successors, assignees, and lessees agree to bear all cost involved in the con-
struction or maintenance of said railway crossing.
Further Panhandle and Santa Fe Railway Company shall bear all of the
costs in connection with:
A. All safety devices for the protection of vehicular traffic~ if any
safety devices are required at such crossing.
B. Relocate or lower any and all existing water, sewer or gas lines that
now exist at the proposed crossing site if it is found necessary to do
so to clear the tr~kage.
C. Incidental items unforseen which are due to the construction and
maintenance of this industry track.
SECTION 4. THAT the Panhandle and Santa Fe Railway Company will not
let or sublet the whole or any part of the granted right of way for any purpose
whatsoever, or assign this right of way grant without the written consent of the
City of Lubbock in each instance; provided however that in the event of a merger
by the Panhandle and Santa Fe Railway Company with an.other company, such
shall not be considered as an assignment in violation of this Ordinance and such
successor company as may be in such merger will have the same rights ~hereunder
as the Panhandle and Santa Fe Railway Company. ·
SECTION 5. THAT in case of eviction of the Panhandle and Santa Fe Rail-
way Company by anyone owning or claiming title to the whole or any part of the
granted right of way, the City of Lubbock shall not be liable to the Panhandle and I Santa Fe Railway Company for any damage of any nature whatsoever.
SECTION 6. THAT if the granted right of way or any part thereof cease
to be used at any time for the purpose granted, the Panhandle and Santa Fe Rail-
way Company will deliver up to the City of Lubbock the possession of the whole or
such part so ceased to be used.
SECTION 7. THAT if the Panhandle and Santa Fe Railway Company ·.should
use the granted right of way in such manner as to hinder~ delay or indanger the
public use of said street for drainage, or traffic, th~Panhandle and Santa Fe Rail-
way Company will within ten (10) days after receipt of written notice from the City
Of Lubbock, do whatever may be necessary to remedy such condition, and if the
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Panhandle and Santa Fe Railway Company should fail to do so within said time.
the City of Lubbock may do so at the Panhandle and Santa Fe Railway Companyts
expense, bill for cost of which the Panhandle and Santa Fe Railway Company will
promptly pay ..
SECTION 8. THAT no legal right of the City of Lubbock to maintain, use
or relocate the said street or other appurtenant facilities now located upon the
granted right of way. or to construct and thereafter maintain~ use and relocate
any additional paving improvements or traffic safety facilities as it may desire.,
upon or across said granted right of way shall be in anywise affected by the giving
of this grant ..
SECTION 9. THAT this license is made subject to all valid and existing
contracts, agreements, licenses and easements which may affect said property
covering,. roads, public and private, pole lines and appurtenances; pipe lines,.
or other facilities.
SECTION 10. THAT all of the foregoing sections shall inure to the benefit
of the successors and assigns of the City of Lubboc~ to the same extent as to
the City of Lubbock.
SECTION 11. THAT this grant shall be effective from the date of the final
written acceptance of this Ordinance by the Panhandle and Santa Fe Railway Com.._..
pany, its agents or attorneys, and thereafter so long as said industry track shall
be located on the granted right of way and is constructed and maintained in
accordance with the provisions of this Ordinance.
SECTION 12 •. This grant is made and said Railway Company as grantee
accepts such grant subject to the following covenant and agreement that at all
times during the existence of said track and appurtenances 'thereto upon said
street to maintain same in such manner as will not in any way diminish or other ...
wise affect or impair the grantorts title or other interest in the land within the
right of way of said street and will provide, at no expense to grantor such necessa y
measures to protect the safety and welfare to the public using said street; 1hat
grantee wm hold grantor harmless and indemnify it against any loss, damage,
claim,. causes or action,. suits,. attorney's fees., judgments,. and court costs.,
whiaili may arise out of or relate to grantee:&s use of the described streets.
AND IT IS SO ORDERED.·,
• 0
Pas s e d by the City Council on first reading this 25th day of -="Ma=r:....;:c;..:;h:.....-___ -:-' 19 •
Passed by the City Council on second reading this 8'th day of April 11 1~6 .
Laven
~;£,JLIA_A. MTl ORE~ Mayor
Accepted by Panhandle and Santa Fe
Railway Company this $th day of
June , 1965.
PANHANDLE AND SANTA FE
RAILWAY COMPANY